Judgment : 1. The petitioner was formerly working as the Headmaster of the TDTA Middle School at Keeraikaranthattu in Ramanathapuram District. He retired from service on 31.10.2006. While in service, the petitioner made a request for giving the benefits of the G.O.Ms.No.202, School Education (G2) Department, dated 24.09.2008. That request was forwarded by the Correspondent of the school to the Additional Assistant Elementary Educational Officer, Rathapuram on 14.08.2009. The Additional Assistant Elementary Educational Officer, by his proceedings in A.thi.Mu.No.1055/A1/09, dated 10.09.2009 returned the said proposal stating that the petitioner is not entitled for the benefits of the G.O.Ms.No.202, since the said Government Order is not applicable to a teacher, who had worked in a private aided school. 2. The next ground stated in the order is that no incentive increment can be given for having secured B.A Degree. This order dated 10.09.2009 is challenged in this writ petition. 3. I have heard the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the respondents 1, 3 and 4, the learned counsel appearing for the second respondent and I have also perused the records carefully. 4. So far as the incentive increment for having secured the B.A Degree, the learned counsel would submit that he does not pray for any adjudication and hence the said prayer is given up. The said statement is recorded. 5. So far as the benefits under the Government Order in G.O.(Ms).No.202 is concerned, the learned counsel would submit that the such issue is no more res integra as the same has been decided by this Court in T.Joseph and others Vs. The State of Tamil Nadu rep. By its Secretary to Government, School Education Department, Fort St. George, Chennai-9, in writ petition Nos.23975 to 23980 of 2012, dated 04.09.2012. In that case in paragraph Nos.4 and 5, this Court has held as follows: “4. In my considered opinion, the orders passed by the Madurai Bench of this Court in W.P.No.10397 of 2009 dated 09.03.2010 and the orders passed by this Court in a batch of writ petitions in W.P.No.28902/2010 and etc., batch squarely cover the cases of these petitioners as well. There is no controversy before this Court that these petitioners worked as Primary School Headmasters/Headmistresses which was then kept on par with the Secondary Grade Teachers. There is no controversy before this Court that these petitioners worked as Primary School Headmasters/Headmistresses which was then kept on par with the Secondary Grade Teachers. That post of Primary School Headmaster is kept in high pedestal in the matter of scale of pay only by the implementation of V Pay Commission on 01.06.1988. It is only by having taken note of this fact, the Tribunal as well as this Court have directed that for no fault of those teachers who were transferred from the post of Primary School Headmasters/Headmistresses to the post of Secondary Grade Teachers, they should not be allowed to suffer monetary loss. It was, in those cases, the Government, also, issued G.O.Ms.No.202, School Education Department, dated 24.09.2008, So far as the G.O.Ms.No.202 is concerned, it is irrelevant as to whether the transfer from the post of Primary School Headmaster to the post of Secondary Grade Teacher was made on his own volition or on administrative grounds. Similarly, it is immaterial as to whether such transfer was effected prior to 01.06.1988 or subsequently. In view of all the above, I am of the firm view that the petitioners are entitled for the benefit of G.O.Ms.No.202, School Education Department, dated 24.09.2008 and the contrary orders which are impugned in these writ petitions are liable to be quashed. 5. In the result, the writ petitions are allowed and the impugned orders are set aside and the respondents are directed to extend the benefit of G.O.Ms.No.202, School Education Department, dated 24.09.2008 to the petitioners herein also. In any event, consequential orders shall be passed by the respondents within a period of three months from the date of receipt of a copy of this order.” 6. The learned counsel would submit that this judgment squarely covers the issue involved in the present writ petition. 7. But the learned Additional Assistant Elementary Educational Officer, Radhapuram/4th respondent has filed a counter affidavit stating that the said Government Order is not applicable to a teacher working in a Private Aided School. 8. I have considered the above submissions. 9. A plain reading of the Government Order in G.O.(Ms).No.202 would go to show that there is no indication that it is not applicable to private aided schools. 8. I have considered the above submissions. 9. A plain reading of the Government Order in G.O.(Ms).No.202 would go to show that there is no indication that it is not applicable to private aided schools. As has been held by this Court in T.Joeshp's case, it is immaterial as to whether a teacher had worked in private aided school or in a Government School. If at all even assuming that a teacher is working in a private school, salary is only paid by the Government. There is no disparity between the teachers between the private schools and Government Schools. In all respects in respect of salary, service conditions etc., the teachers working in private schools are treated on par with the teachers working in Government Schools. Therefore, when the Government Order in G.O.Ms.No.202 is made applicable to the teachers working in Government Schools, quite naturally, logically and ethically, it should be applicable to the teachers working in private schools as well. In such view of the matter, I hold that the petitioner is entitled to the benefits of Government Order in G.O.Ms.No.202, School Education (G2) Department, dated 24.09.2008. 10. In the result, the writ petition is allowed and impugned order passed by the fourth respondent in his proceedings in A.Thi.Mu.No.1055/A1/09 dated 10.09.2009 is set aside and the fifth respondent/School Management is directed to submit a proposal for implementation of the said Government Order in G.O.(Ms).No.202, School Education (G2) Department, dated 24.09.2008, in favour of the petitioner within a period of four weeks, from the date of receipt of a copy of this order, thereafter, the official respondents shall consider the same and pass consequential order, giving the benefits of the said Government Order in favour of the petitioner as well. In any event, the consequential order shall be passed by the official respondents within a period of three months from the date of receipt of a copy of this order.